Friday, April 17, 2009

Un-Separation of Powers

Man! Judicial branch is now stepping over onto the Legislative branch. The separation of powers written in constitution clearly null and void with the Federal Court decision.

What kind of judiciary system and constitution Malaysia has?

Is Malaysia located in the great continent of Africa?

The Federal Court ruling against the suspensions on 16 April is a landmark decision as there are constitutional provisions preventing decisions by the speaker of a state legislative assembly or parliament from being challenged in court.

Article 72, Clause (1) of the Federal Constitution clearly states that "the validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court."

But with the ruling, the court has set a
precedent as now the speaker's decisions and actions can be subject to judicial review.

Read in full an article written by Deborah Loh from The Nut Graph here: Showdown in Perak on 7 May

Also read about an analysis by DAP supremo Lim Kit Siang on his blog here: Usurper Perak MB convening Assembly on 7th May – Federal Court decision against Perak Speaker defective, null and void

And see what Justice NH Chan says here: When the highest court in the land could bring down the Government of the day

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